Questions remain after Dewhurst jail call

Updated 12:48 am, Friday, August 23, 2013

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Lt. Gov. David Dewhurst

Lt. Gov. David Dewhurst

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Lt. Gov. David Dewhurst

Lt. Gov. David Dewhurst

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Texas Lt. Gov. David Dewhurst is backed by supporters outside a Houston deli as he answers reporters questions Tuesday, July 31, 2012. Dewhurst faces former Texas Solicitor General Ted Cruz in the Republican primary runoff election for U.S. Senator. (AP Photo/Pat Sullivan) less

Texas Lt. Gov. David Dewhurst is backed by supporters outside a Houston deli as he answers reporters questions Tuesday, July 31, 2012. Dewhurst faces former Texas Solicitor General Ted Cruz in the Republican ... more

Photo: Pat Sullivan, AP

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Lt. Gov. David Dewhurst talks with Texas senators during the debate.

Lt. Gov. David Dewhurst talks with Texas senators during the debate.

Photo: Eric Gay, Associated Press

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Lt. Governor David Dewhurst strikes the gavel as the Senate adjourns, Thursday, July 11, 2013, in Austin, Texas. A Senate committee on Thursday pushed through new abortion restrictions, setting up a Senate vote before the weekend to send it to Gov. Rick Perry. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. less

Lt. Governor David Dewhurst strikes the gavel as the Senate adjourns, Thursday, July 11, 2013, in Austin, Texas. A Senate committee on Thursday pushed through new abortion restrictions, setting up a Senate vote ... more

Photo: Eric Gay, Associated Press

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Lieutenant Governor of Texas David Dewhurst was an Air Force officer and helped start an energy company.

Lieutenant Governor of Texas David Dewhurst was an Air Force officer and helped start an energy company.

Photo: Brendan Hoffman, Getty Images

Questions remain after Dewhurst jail call

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AUSTIN - Lt. Gov. David Dewhurst told police in a Dallas suburb that his niece's jailing was the kind of thing that gives law enforcement a bad name, but whether he was being a caring relative or misusing his authority became the main question Thursday in his bid for re-election.

The Dewhurst campaign did not respond to a request for a comment or say whether the lieutenant governor made other calls on the night of the arrest, but spokesman Travis Considine denied that Dewhurst had acted improperly.

"David acted as a concerned family member in an attempt to acquire information on how to post bail for his niece while reiterating multiple times in the full conversation that law enforcement follow their normal protocols and procedures," Considine said Wednesday night.

But the recorded call, first reported by KXAS-TV of Fort Worth and Dallas, drew criticism from the Texas Democratic Party and Dewhurst's top Republican rivals, state Sen. Dan Patrick of Houston and Agriculture Commissioner Todd Staples.

"His call to police shows a clear attempt to use his political position for influence, intimidation and preferential treatment," Gilberto Hinojosa, chairman of the Texas Democratic Party, said in a statement.

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Patrick, who has announced that he will challenge Dewhurst in next year's GOP primary, called Dewhurst's call a "blatant abuse of power." Staples, who is also running for lieutenant governor, said Dewhurst was trying to throw his weight around.

Shoplifting accusation

Greg Cox, the head of the Public Integrity Unit responsible for investigating, said he listened to the recording and heard no evidence of a penal code violation.

Allen police arrested Ellen Bevers, the wife of Dewhurst's nephew, at a Kroger supermarket on Aug. 3 after she allegedly failed to scan a bag of groceries at a self-checkout counter. Dewhurst that night called Allen police, identified himself as the lieutenant governor and asked to speak to "the senior officer who is there at your department. Right now."

He added, "You have incarcerated my sister-in-law and I want to talk to either he or she about Ellen Bevers." The dispatcher connected the call to Sgt. Jonathan Maness, whom Dewhurst told that he thought Bevers had been "arrested on a mistaken charge."

"I need to know from you what I need to do to arrange for getting her out of jail this evening," he said. "And you can proceed with whatever you think is proper."

Dewhurst described Bevers as "the sweetest woman in the world."

"Sergeant, you don't know me, but every year I'm the No. 1 pick of all the law enforcement agencies within Texas. I'm the No. 1 pick, and I want you to do whatever is the proper thing," he said. "You don't know it, but I am a supporter of you, and I am a supporter of everyone in law enforcement and I want you to do whatever is the proper thing for this lady, who I know in my heart, was not involved in the intentional walking out and stealing $57."

Maness told Dewhurst that because of the charge, Allen police had to transfer Bevers to the Collin County jail for arraignment. Dewhurst said "this is ridiculous" and asked for cellphone numbers for a judge and the sheriff; he did not get them.

"So you are telling me in Allen, there is nothing you can do. You are going to transfer her over to Collin County regardless?" Dewhurst asked. When Maness said yes, the lieutenant governor asked for the name and cellphone number of his supervisor.